Agency Of Record Agreement for United Arab Emirates

Agency Of Record Agreement Template for United Arab Emirates

A comprehensive legal agreement governed by UAE law that establishes and regulates the relationship between an advertiser (client) and their appointed advertising agency. This document defines the agency as the primary partner for advertising and media services, outlining responsibilities, service scope, compensation structures, and operational procedures. It incorporates specific UAE commercial agency regulations and advertising standards, ensuring compliance with local laws while facilitating effective marketing communications and media planning services. The agreement addresses key aspects such as creative services, media buying, performance metrics, and intellectual property rights within the UAE legal framework.

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What is a Agency Of Record Agreement?

The Agency of Record Agreement is a crucial document used when a company wishes to establish a formal, long-term relationship with an advertising agency in the UAE market. This agreement designates the agency as the primary partner responsible for managing the client's advertising, marketing communications, and media services. The document must comply with UAE Federal Law No. 18 of 1981 (Commercial Agency Law) and related regulations governing advertising and media services. It typically includes detailed provisions for service scope, compensation, approval processes, intellectual property rights, and performance metrics. The agreement is particularly important in the UAE context as it must balance international advertising practices with local regulatory requirements, including content standards and media regulations. The Agency of Record Agreement serves as the foundational document governing the strategic partnership between the advertiser and agency, ensuring clear accountability and operational efficiency.

What sections should be included in a Agency Of Record Agreement?

1. Parties: Identification of the Client (Advertiser) and the Agency, including their full legal names, addresses, and registration details as required under UAE law

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including specific advertising and media-related terminology

4. Appointment and Scope of Services: Formal appointment of the agency and detailed description of services to be provided, including media planning, buying, and creative services

5. Term and Renewal: Duration of the agreement, including start date and renewal provisions in compliance with UAE Commercial Agency Law

6. Agency's Obligations: Detailed responsibilities of the agency, including service standards, reporting requirements, and compliance obligations

7. Client's Obligations: Client's responsibilities, including providing necessary information, approvals, and materials

8. Fees and Payment Terms: Compensation structure, payment terms, and commission arrangements

9. Approval Process: Procedures for obtaining client approval on campaigns, creative work, and media purchases

10. Intellectual Property Rights: Ownership and usage rights of creative materials and campaign assets

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection and Privacy: Compliance with UAE data protection laws and handling of personal data

13. Termination: Grounds and process for termination, including notice periods and consequences

14. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for dispute resolution

What sections are optional to include in a Agency Of Record Agreement?

1. Performance Metrics: Specific KPIs and performance measurement criteria, optional for clients requiring detailed performance tracking

2. Exclusivity: Terms regarding exclusive appointment of the agency, relevant when exclusive rights are granted

3. International Services: Provisions for international advertising services, needed when campaigns extend beyond UAE

4. Digital Services: Specific provisions for digital advertising and social media services, if these are key components

5. Compliance with Shariah Law: Additional provisions ensuring compliance with Islamic law principles, if required by the parties

6. Force Majeure: Provisions for unforeseen circumstances preventing performance

7. Anti-Corruption and Sanctions: Compliance with anti-corruption laws and international sanctions, particularly relevant for international clients

8. Subcontracting: Terms governing the agency's right to subcontract services, if permitted

What schedules should be included in a Agency Of Record Agreement?

1. Schedule A - Scope of Services: Detailed breakdown of all services to be provided by the agency

2. Schedule B - Fee Structure: Comprehensive fee schedule, commission rates, and payment terms

3. Schedule C - Key Personnel: List of key agency team members assigned to the account

4. Schedule D - Service Level Agreement: Specific service standards, response times, and performance metrics

5. Schedule E - Approval Matrix: Decision-making hierarchy and approval thresholds for various activities

6. Appendix 1 - Media Planning Guidelines: Client's specific requirements for media planning and buying

7. Appendix 2 - Brand Guidelines: Client's branding requirements and guidelines

8. Appendix 3 - Reporting Templates: Standard formats for regular reporting and performance updates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Retail

Consumer Goods

Banking and Financial Services

Telecommunications

Real Estate

Hospitality and Tourism

Automotive

Healthcare

Technology

Entertainment and Media

Food and Beverage

Luxury Goods

Education

Energy and Utilities

Relevant Teams

Legal

Marketing

Procurement

Finance

Communications

Brand Management

Media Planning

Corporate Affairs

Compliance

Operations

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Procurement Manager

Legal Counsel

Commercial Director

Advertising Manager

Media Planning Director

Communications Director

Finance Director

Chief Executive Officer

Contract Manager

Agency Relations Manager

Marketing Operations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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